THE CYBERCRIM,ES ACT
ARRANGEMENT OF SECTIONS
PART .I. Preliminary
1. Short title.
2. Interpretation.
PART 11. Offences
3. Unauthorized access to computer program or data.
4. Access with intent to commit or facilitate commission of offence.
5. Unauthorized modification of computer program.or data.
6. Unauthorized interception of computer function or service.
7. Unauthorized obstruction of operation of computer.
8. Unlawfully making available devices or data for commission of
offence.
9. Offences relating to protected computers.
10. Inciting, etc.
1 I . Offences by bodies .corporate.
12. Compensation.
PART I I I. Investigations
13. Interpretation for .Part 111.
14. Preservation of data.
1 5. Search and seizure warrants.
16. Record of seized material.
17. Production orders.
PART 1V. General
18. Jurisdiction.
19. Regulations.
20. Power to amend monetary penalties by order.
.2 1. Review of Act after two years.
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CYBERCRIMES 3
THE CYBERCRIMES ACT
Act
3 of 2010.
[I 7th March, 201 0.1
PART I. Preliminary
1. This Act may be cited as the Cybercrimes Act. short title.
2 . 4 1 ) In this Act- Inter-
pretation.
"computer" means any device or group of interconnected
or related devices, one or more of which, pursuant to a
program, performs automatic processing of data and-
(a) includes any data storage facility or electronic
communications system directly connected to
or operating in conjunction with such device
or group of such interconnected or related
devices;
(b) does not include such devices as the Minister
a
may prescribe by order published in the
Gazette;
"computer service" includes provision of access to any
computer or to any h c t i o n of a computer, computer
output, data processing and the storage or retrieval of
any program or data;
"damage", for the purposes of sections 3(3), 5(3), 6(5),
7(2) and 8(2), means any impairment to a computer, or
to the integrity or availability of data, that-
(a) causes economic loss;
(b) modifies or impairs or potentially modifies or
impairs the medical examination, diagnosis,
treatment or care of one or more persons;
(c) causes or threatens physical injury or death to
any person;
(d) threatens public health or public safety; or
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.C YBERCRIMES
( e ) causes or threatens physical damage to a
computer;
"data" includes-
(a) material in whatever form stored electronically;
(b) the whole or part of a computer program; and
(c) any representation of information or of con-
cepts in a form suitable for use in a computer,
including a program suitable to cause a com-
e
puter to pefform a function; , . .
"electronic" means relating to ' technology' having elec-
trical, digital, magnetic, wireless, optical, electromag-
netic .or similar capabilities; and the word "electron-
. ically" shall -be similarly construed;
"electronic communications system" means a system for
creating, generating, sending; receiving, storing, dis-
playing or otherwise processing electronic documents
or data; I
"function" includes logic, control, arithmetic, command,
deletion, storage, retrieval, and communication to,
from or within a computer;
"output", in relation to a computer, data or program, means
a statement or representation, whether in written,
printed, pictorial, graphical or other form, purporting to
be a statement or representation of fact-
(a) pr0duced.b~ a computer; or.. . .
(b) accurately translated from a statement or rep-
resentation so produced;
"program" or "computer program" means data represent-
ing instructions or statements that, when executed in a
computer, .causes the computer to perform a function,
and a reference to a program includes any part of that
program.
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(2) For the purposes of this Act, a person obtains access
to any program or data held in a computer if he causes a
computer to perform any function that-
;(a) alters pr erases the program or data;
(b) copies or moves the program or data to ky storage
medium other than that in which the programor data is
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held or .to a different location in the storage medium in
which the program or data is held;
.. . (c) .causes the program or data to be executed;
(4 is itself a function of the program or data; or
. ( e ) causes the program or data to be output from the
computer in which it is held, whether by having the
program or data displayed or in any other manner,
and references to accessing, or to an intent to obtain access to, a
computer shall be construed accordingly.
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(3) For the .p&poses of subsection, ( 2 ) ( 4 -
(a) a program is ,output if the data of which it consists is
output; and it'is immaterial whkther the data is capable -
< -
of being executed;
. (b) in (he case of data, it is immaterial whether the data is . /
capable of being processed by a computer.
(4) For the purposes of this ~ c t , a person who accesses,
modifies, or uses, any program or data held in a computer, or
causes the computer to perform any function, does .so without
authorization if-
(a) he is not himself entitled to control the access, modifi-
cation; use or function of the kind in question;
(b) he does not have consent for the access, modification,
use or function of the kind in question from any person
who is so entitled; and
(c) he is not acting pursuant to a power or function given
to ,him under this Act or the Interception of
.Communications Act,
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CYBERCRIMES
and the word "unauthorized" shall be construed accordingly.
(5) A reference in this Act to any "program or data held
in a computer" includes a reference to any program or data held
in any removable data storage medium which is for the time
being in the computer.
(6) For the purposes of this Act, a modification of the
contents of any computer takes place if, by the operation of any
function of the computer concerned or any other computer-
(a) any program or data held in the computer concerned is
altered or erased;
(b) any program or data is added to the contents of the
computer concerned; or
(c) any act occurs which impairs the normal operation of
any computer,
and any act which contributes toward causing such a modifica-
tion shall be regarded as causing it.
(7) A modification referred to in subsection (6) is
unauthorized if-
(a) the person whose act causes the modification is not him-
self entitled to determine whether the modification
should be made; and
(b ) that person does not have consent for the modification
from any person who is so entitled.
PART 11. Offences
Unauthorized 3.-(1) A person who knowingly obtains, for himself or
access to
,,pu,r another person, any unauthorized access to any program or data
program or held in a computer commits an offence.
data.
(2) The intent required for the commission of an offence
under subsection (1) need not be directed at-
(a) any specifically identifiable program or data;
(b) a program or data of any specifically identifiable kind;
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CYBERCRIMES
(c) a program or data held in any specifically identifiable
computer.
(3) Subject to subsection (4), a person who commits an
offence under subsection (1) is liable upon-
(a) summary conviction before a Resident Magistrate to-
(i) a fine not exceeding,two million dollars or to
imprisonment for a term not exceeding two
years or to both such fine and imprisonment; or
(ii) if any damage is caused as a result of the com-
mission of the offence, a fine not exceeding
three million dollars or to imprisohment for a
term not exceeding three years or to both such
fine and imprisonment;
(b) conviction on indictment before a Circuit Court to-
(i) a fine or to imprisonment for a term not exceed-
ing five years or to both such fine and imprison-
ment; or
(ii) if any damage is caused as a result of the com-
mission of the offence, a fine or imprisonment
for a term not exceeding seven years or to both
such fine and imprisonment.
4 . 4 1 ) A person commits an offence if that person accesses ~ c c e s s with
any program or data held in a computer with the intent to- intent to commit or
facilitate
(a) commit any offence punishable by imprisonment for a commissi,
term not exceeding one year; or of offence.
(b) facilitate the commission of an offence referred to in
paragraph (a), whether by himself or by any other per-
son.
(2) A person may commit an offence under subsection
(1) even if the facts are such that the commission of the offence
referred to in subsection (l)(a) is impossible.
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Unauthorized
modification
of computer
program or
data.
(3) For the purposes of this section, it is immaterial
whether-
(a) the access referred to in subsection (1) is with or with-
out authorizatinn;
(b) the offence referred to in subsection (l)(a) is committed
at the same time when the access is secured or at any
other time.
(4) A person who commits an offence under subsection
(1) is liable upon-
(a) summary conviction before a Resident Magistrate to-
(i) a fine not exceeding two million dollars or to
imprisonment for a term not exceeding two
years or to both such fine and imprisonment; or
(ii) if any dimage is caused as a result of the
commission of the offence, a fine not exceed-
ing three million dollars or to imprisonment for
a term not exceeding three years or to both such
fine and imprisonment;
(b) conviction on indictment before a Circuit Court to-
(i) a fine or to imprisonment for a term not
exceeding five years or to both such fine and
imprisonment; or
(ii) if any damage is caused as a result of the
commission of the offence, a fine or imprison-
ment for a term not exceeding seven years or to
both such fine and imprisonment.
5.-41) A person who does any act which that person
knows is likely to.cause any unauthorized modification of the
contents of any computer, commits an offence.
(2) For the purposes of subsection (1)-
' (a) ' the act in question need not be directed at-
' . . .
(i) &specifically identifiable program or data or
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type of program or data;
(ii) any program - or data held in a specifically
identifiable computer; and
(b). it is immaterial whether the modification is, or is intend-
ed to be; permanent or temporary.
. (3) A person who commits an offence under subsection
(I) is liable upon-
(a) summary conviction before a Resident Magistrate to-
(i) a fine not exceeding two million dollars or to
imprisonment for a term not exceeding two
years or to both such fine and imprisonment; or
(ii) if any damage is caused as a result of the com-
mission of the offence, a fine not exceeding
three million dollars or to imprisonment for a
term not exceeding three years or to both such
I ,
fine and imprisonment;
(b) conviction on indictment before a Circuit Court to-
(i) a fine or to imprisonment for a term not
, t exceeding five years or to both such fine and
imprisonment; or
. . (ii) if any damage is caused as a result of the com-
mission of the offence, a fine or imprisonment
I , ., for a term not exceeding seven years or to both
such fine and imprisonment.
6.-(1), A person commits an offence if that person know- Unauthorized
ingly- interception of computer
funct~on or a 1 I (d.) secures unauthorized access to any computer for the . . I purpose: of obtaining, directly or indirectly, any com-
puter service; or
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1
(b) '$thout a'uthorizition, directly or indirectly intercepts or
., . ca&ei . , to be i&ercepted any functioi of a computer.
-. (2) For the purposes of subsection (1J- the access or
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CYBERCRIMES
interception referred to need not be directed at-
(a) any specifically identifiable program or data or type of
program or data; or
(b) any program or data held in a specifically identifiable
computer.
(3) Subsection (1) shall not apply to any interception
permitted under the provisions of the Interception of Commun-
ications Act.
(4) For the purposes of this section, intercepting includes
listening to or viewing, by use of technical means, or recording,
a function of a computer or acquiring the substance, meaning
or purport of any such function.
(5) A person who commits an offence under subsection
(1) is liable upon-
(a) summary conviction before a Resident Magistrate
t o -
(i) a fine not exceeding two million dollars or to
imprisonment for a term not exceeding two
years or to both such fine and imprisonment; or
(ii) if any damage is caused as a result of the
commission of the offence, a fine not exceed-
ing three million dollars or imprisonment for a
term not exceeding three years or to both such
fine and imprisonment;
(b) conviction on indictment before a Circuit Court, t o -
(i) a fine or to imprisonment for a t e m not ex-
ceeding five years or to both such fine and
imprisonment; or '
(ii) if any damage is caused as a result. of the
commission of the offence, a fine or imprison-
ment for a term not exceeding seven years or to
both such fine and imprisonment.
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CYBERCRIMES 1 1
7.-41) A person commits an offence if that person, without Unauthorized
obstruction authorization or without lawful justification or excuse, wilfully operation
causes, directly or indirectly- of computer.
(a) a degradation, failure, interruption or obstruction of the
operation of a computer; or
(b) a denial of access to, or impairment of, any program or
0
data stored in a computer.
(2) A person who commits an offence under subsection
(I) is liable upon-
(a) summary conviction before a Resident Magistrate, to-
(i) a fine not exceeding two million dollars or to
, , imprisonment for a term not exceeding two
years or to both such fine and imprisonment; or
(ii) if any damage is caused as a result of the com-
mission of the offence, a fine not exceeding
three million dollars or to imprisonment for a
- term not exceeding three years or to both such
fine and imprisonment;
, . . ' ,
(b) conviction on indictment before ii Circuit Court, to-
' . . .
(i) a fine or to imprisonment for a term not
exceeding five years or to both such fine and
imprisonment; or
(ii) if any damage is caused as a result of the com-
mission of the offence, a fine or imprisonment
for a term not exceeding seven years or to both
such fine and imprisonment.
8.--(I) A person commits an offence who, for the purpose untawfuliy
0 making of "committing, or facilitating the commission of, an offence av,ilabie
under any of sections 3 to 7, possesses, receives, manufactures, devices or
data for sells, imports, distributes, discloses or otherwise n i b avail-
able- of offence.
(a) a computer;
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C YBERCRIMES
(b) any access code or password; or
(c) any other data or device designed or adapted primarily
for the purpose of committing an offence under any of
sections 3 to 7. '
(2) A person who commits an offence under subsection
(1) is liable upon-
(a) simmary conviction before a ~esident Magistrate, t o -
(i) a fine not exceeding two million dollars or to
imprisonment for a term not exceeding two
years or to both such fine and imprisonment; or
(ii) if any damage is caused as a result of the com-
mission of the offence, a fine not exceeding
three million dollars or to imprisonment for a
term not exceeding three years or to both such
fine and imprisonment.
(b) conviction before a Circuit Court, t o -
(i) a fine or to imprisonment for a term not
exceeding five years or to both such fine and
imprisonment; or
(ii) if any damage is caused as a result of the com-
mission of the offence, a fine o r imprisonment
for a term not exceeding seven years or to both
. such fine and imprisonment.
9.-31) Where a computer in respect of which an offence
under any of sections 3 to 8 is committed is a protected com-
puter, the offender shall, instead of the penalty specified in that
section, be liable upon conviction on indictment before a Circuit
Court to a fine or to imprisonment for a term not exceeding ten
years, or to both such fine and imprisonment.
(2) For the purposes of subsection (I), "protected com-
puter" means a computer which, at the time of the commission
of the offence, the offender knows, or ought reasonably to
know, is necessary for, or used directly in connection with-
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CYBERCRIMES 13
(a) the security,, defence or international relations, of
. Jamaica;
(b) the existence or identity of a confidential source of
information relating to the enforcement of the criminal
law of Jamaica;
'
(c) confidential educational material, such as examination
materials;
(6) the provision of services directly related to communi-
cations infrastructure, banking and financial services,
public utilities, public transportation or essential public
infrastructure such as hospitals, courts, toll roads, traffic
lights, bridges, airports and seaports; or
(e) the protection df public safety, including systems related
to essential emergency services such as police, fire
. brigade services, civil defence and medical services.
(3) The Minister may; by order published in the Gazette
'and subject to negative reso1ution;amend subsection (2) so as
to add, vary or exclude any use.
10. A person who intentionally incites, attempts, aids or abets Inciting etc.
the c'ommission of any offence under any of sections 3 to 8
- commits an offence'and.shal1 be liable-
t
(a) upon summary conviction, before a Resident Magistrate
to-
'(i) a fine not exceeding two million dollars or to
imprisoiunent for a term not exceeding two
years, or to both such fine and impkonment;
or .
(ii) if any damage is caused as a result of the com-
mission of the offence, a fine not exceeding
three million dollars or to imprisonment for a
term not exceeding three years or to both such
; fine and imprisonment. " 9
(b) upon convictiorl on' indictment before a Circuit Court
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C YBERCRIMES
Offences
by bodies
corporate.
(i) a fine or to imprisonment for a term not ex-
ceeding five years, or to both such fine and
imprisonment; or
' (ii) if any damage is caused as a result of the com-
mission of the offence; a fine br imprisonment
for a term not exceeding seven years or both
such fine and imprisonment.
11. Where a body corporate commits an offence under this
Act,and the court is satisfied that a director, manager, secretary,
or other similar officer, of that body corporate-
(a) connived in the commission of the' offence; or
. (b) failed, to exercise due diligence to prevent the com-
, , mission of the offence,
such director, manager, secretary, or other similar officer shall
be liable on conviction on indictment before a Circuit Court to a
fine or to imprisonment for a term not exceeding five years, or
to both such fine and imprisonment.
Compensa- 1 2 4 1 ) Where a person is convicted of an offence under
tion. tGs Part, the court may, in addition to any penalty imposed
under this Part, order the person convicted to pay a fixed .sum as
compensation to any person who has suffered loss as a result of
'the commission of the offence.
. (2) An order under subsection ,(I) shall be without
prejudice to any other remedy which the person who has
suffered loss may have under any other law.
(3) The court may make an order under subsection (1)
of its own motion or upon the application of any person in
accordance with subsection (4). ,
(4) A person who has suffered loss as a result of the
commission of ah offence under this Part may apply in accord-
ance with rules of court for an order under subsection (I), at any
time before sentence is passed on the person against whom the
order is sought.
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CYBERCRIMES 15
@ . PART III. Investigations
13.-(1) In this Part- tion Interprets- fo Part
(a) "computer material" includes- 111.
(i) data; L
(ii) a computer (computer A) or -any part thereof;
(iii) any other computer (computer B) or any part
thereof, if-
(A) data from computer A is available to
computer B; and
(B) there are reasonable grounds for belie-
ving that, such. data is stored in
computer B; and
(iv) any data storage medium;
(b) the power to seize includes the power to-
(i) make and retain a copy of data, including by
. .. using onsite , equipment.;
(ii) render inaccessible, or remove, data in a
computer; and
(iii) take a printout of, or otherwise reproduce or
capture, the output of any computer or data.
14.-(1) Where a constable is satisfied that- Preservation
of data.
(a) data stored in a computer or any data storage medium is
reasonably required for the purposes of a ,criminal
investigation; and
(b) there are reasonable grounds for suspecting that the data
may be destroyed or rendered inaccessible,
the constable may by notice in accordance with subsection (Z),
t given to the peison in possession or control of the computer or
data storage medium (as the case may be), require the person to
ensure that the data be preserved.
. . . . , . . .. :.,,:(2)' .The notice referred. to in subsecti0.n (1) shall be in
Giitingand.shall:specify-. * t . . * . . . . ,
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C YBERCRIMES
Search and
seizure
I warrants.
(a) the computer or any data storage medium to which it
applies;
(b) the data to which it applies; and
(c) the period for which the data is required to be pre-
served, being a period not exceeding thirty days.
(3) The period specified under subsection (2) may be
extended, upon the order of a Resident Magistrate on an appli-
cation without notice, to such further period as may be specified
by the Resident Magistrate in: the order.
(4) A person commits ah offence if thegerson fails,
without reasonable excuse, to comply with a requirement im-
posed on him by a notice or order under this section.
( 5 ) A person commits an offence if, in purported com-
pliance with a requirement imposed on him under a notice or
order made under this section, he-
(a) makes a statement that he knows to be false or
misleading in a material particular; or
(b) recklessly makes a statement that is false or misleading
in a material particular.
(6) A person who commits an offence under sub-
section (4) or ( 5 ) is liable-
(a) upon conviction before a Resident Magistrate, to a fine
not exceeding one million dollars or to imprisonment
for a term not exceeding twelve months or to both such
fine and imprisonment;
(b) upon conviction on indictment before a Circuit Court,
to a fine or to imprisonment for a term not exceeding
* five years or to both such fine and imprisonment.
15.-41) A Resident Magistrate may issue a warrant under
this subsection, if satisfied by information on oath that there are
reasonable grounds to suspect 'that there may be in any place
any computer material' that-
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. CYBERCRIMES
(a) may be relevant as evidence in proving an offence; or
(b) has been acquired by a person for, or in, the com-
mission of an offence or as a result of the commission
' of an offence.' 1
(2) A warrant under subsection (1) shall authorize a
constable, with such assistance as may be necessary, to enter the
place specified in the warrant to searth for and seize the
computer material.
16.-(1) If any computer material is seized or rendered Recordof
seized inaccessible in the execution of a warrant under section 15(1),
the person who executed the warrant shall, during the execution,
or as soon as possible thereafter-
(a) make a list of what has been seized or rendered in-
accessible; and
(b), give a copy of tlie 'list to the person to whom the war-
rant is addressed or the occupier of the premises on
which the .warrant is executed.
(2) A person who, immediately before the execution of
a warrant, had possession or control of data seized in the
execution, may request'a copy of the data from the constable
' who executed the warrant, and the constable shall, as soon as is
reasonably practicable: comply with the request if the conciitions
under subsection (3) are satisfied.
(3) The conditions referred to in subsection (2) are that
providing the copy would not-
(a) constitute a criminal offence; or
(b) prejudice-
(i) the investigation in relation to which the
warrant was issued;
a .
(ii) another ongoing investigation; or
(iii) any criminal proceedings that may be brought
in relation to any investigation mentioned in
subparagraph (i) or (ii).
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17.-41) A Resident Magistrate, if satisfied on the basis of hOduaiOn
orders.
an application made by a constable, that any- data or other
computer output specified in . the application is reasonably
required for the purpose of a criminal investigation or
criminal proceedings, may make an order under subsection
(2). .
(2) An order under this subsection may require a
person in possession or control of the data or other output to
produce it in intelligible form to the constable.
. .
(3) Where a production .order requires the person to
whom it is addressed to produce any data or other computer out-
put in intelligible form, that person- ..
(a) .shall be entitled to use .any key.in his possession to
obtain access to the data or output; ..
, (b) shall be taken to have produced the data or output in
intelligible form if-
(i) he makes, instead, a disclosure of any key to
. .the data or output; and
'
' '?, (ii) the data or output is produced in accordance
wjth the order, with respect to the person to
whom, and the time in which, he was ordered
to p;oduce the data or output.
(4) Where a constable has reasonable grounds to
believe that-'
(a) a key to any .data or other c-omputer, output is in the
possession of any person;'and.
(b) the production of the key is necessary f i i the purposes
of the investigation in relation to which-
(i) the, constable makes, or intends to make, an
application for a production order; or
. . . , , . . - - I " . 7 . .~
. (ii) a p'roduction order . . has . . . been issued to the con-
stable, , , . .-
